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First Bus Sale - Update

12 April 2013

First have now formally opened consultation with TSSA over the TUPE transfer of staff to Metroline and Tower Transit.
Consultation has also begun regarding the redundancy proposals for those Head Office staff who will not transfer to the buyers.
We have now scheduled talks next week where Metroline and Tower representatives will be present to answer our concerns about what will happen post-transfer.

Who transfers?

First have committed to write to each individual employee informing you whether you are due to transfer or are in scope for redundancy.

I-Bus controllers assigned to routes transferring to Tower will move to LI I-Bus Control Room. Any contractual displacement allowance due will be honoured.

Some Head Office functions associated with the routes or depots will also transfer.

The remaining Head Office staff will not transfer. Dagenham depot and First Berkshire will not be affected and will be absorbed into other First Group businesses.

What transfers?

TUPE is designed to protect your job and terms and conditions if your work transfers to a new employer. Pensions are excluded.

TUPE Reg 4 says that “all rights, duties and liabilities under or in connection” with the contract of employment.

TUPE Reg 5 says that collective agreements can transfer and the Acquired Rights Directive states that “the transferee (LUL or TfL) shall continue to observe the terms agreed in any collective agreement”.

We have asked for a definitive list of terms which transfer and those that will not move across. This is not yet available but is an essential element in the consultation.

What about my pension?

Pensions do not transfer, but the receiving employer (transferee) must provide an equivalent scheme. The First scheme will be frozen and you will not lose what you have built up so far.

What will happen post-transfer?

Both Metroline and Tower Transit must, by law, inform us of any measures that they are aware will affect your employment after you move across.

Consultation on these measures will be a central part of the talks between TSSA and the employers. We will firmly oppose any moves to attack your rights, jobs or collective agreements.

At this point, the proposed measures have not been confirmed. As soon as we have further detail, we will issue briefings to staff.

Where’s our pay rise?

We submitted a full pay claim last month for an above inflation increase. Progress has been stalled by the sale of the business, but we have made it clear that we demand parity with the drivers – at the very least!

Any attempt to treat our members as second class citizens will result in a dispute.

I’m not transferring, what happens to me?

As First will cease its entire London operation, Head Office staff not transferring are at risk of redundancy (including the MD) but excluding First UK Bus staff (such as purchasing).

The enhanced voluntary severance terms previously negotiated by TSSA will be available to those at risk, but not to those transferring.

We are exploring the extent to which staff with interchangeable skills may swap across with those who are transferring but who wish to take VS.

Displaced staff will be able to seek alternative employment within First Group and the transferring parts of the business.

What is TSSA doing to advise us?

Your Reps have arranged meetings at all workplaces to listen to your concerns so we can raise them at the consultation meetings.

We are meeting with Tower Transit on Tuesday 16th and Metroline on Friday 19th so we have scheduled the meetings to give updates from these talks to the relevant groups of staff.

Please see list of meeting dates and times overleaf:

Tuesday 16th April

· Macmillan House: 13:30 – 15:30

Wednesday 17th April

· Atlas Road: 09:00 – 11:00

· I-Bus (Controllers transferring to Tower Transit): 12:00 – 15:00

· Westbourne Park: 16:00 – 17:00

· Lee Interchange: 15:00 – 16:00

Monday 22nd April

· Greenford: 10:00 – 12:00

· Hayes: 13:00 – 15:00

· Uxbridge: 12:00 – 14:00

· Alperton: 14:00 – 16:00

· Willesden Junction: 12:00 – 14:00

Management should help facilitate your attendance as part of their statutory obligations.

If for any reason you can’t make it along, please contact your Reps or the TSSA Helpdesk.